The negative consensus adopted by the Dispute Settlement Body and the rule-oriented practice of the panel and Appellate Body based on the WTO Dispute Settlement Understanding have made the WTO dispute settlement system become more and more legal in nature.

According to the regulation of "dispute settlement understanding agreement" , associative parties of world trade organization can not only settle the dispute by negotiation among themselves, but also by dispute settlement body of world trade organization, if dispute arises among members of world trade organization.

EC brings forward its suggestions of 5 parts of 37 issues on relevant improvements and clarifications, which touch upon 12 articles of the total 27, 1 appendix of the total 4 in DSU, as well as many other supplementary and additional proposals.

Paper presented on The deterrent value of the World Trade Organization's Dispute Settlement Understanding and alternative remedial mechanisms.

Since 1995, 321 cases have been initiated under the Dispute Settlement Understanding.

The WTO's Dispute Settlement Understanding created a notable appellate review system which has generated a more complex case law.

The review process covers issues in the order in which they arise in the Dispute Settlement Understanding itself.

One of the fundamental differences between the GATT and the WTO is the dispute settlement mechanism. In the GATT scenario, the adoption of a decision made by the panels may be blocked by the losing party under the positive consensus mechanism. However, this situation has been reversed under the WTO dispute settlement mechanism, which uses the negative consensus mechanism. In other words, there is no possibility for the losing party to block the adoption of the decision made by WTO panels or the appellate body.There...

One of the fundamental differences between the GATT and the WTO is the dispute settlement mechanism. In the GATT scenario, the adoption of a decision made by the panels may be blocked by the losing party under the positive consensus mechanism. However, this situation has been reversed under the WTO dispute settlement mechanism, which uses the negative consensus mechanism. In other words, there is no possibility for the losing party to block the adoption of the decision made by WTO panels or the appellate body.There are two alternatives for the WTO members to resolve their trade disputes. They can do it either by consultation or through the Dispute Settlement Body (DSB) which is the WTO General Council in its another capacity. The DSB, in a strict sense, is only a quasi judicial body as the decision made by the appellate body needs to be approved by the WTO members. Notwithstanding that, the DSB has a set of complete procedural requirements. The first trade dispute that China encountered after its accession to the World Trade Organization derives from the fact that a high import tax was levied on the Chinese steel products in the United States. After the two sides failed to resolve their dispute through consultation, China requested the WTO to establish a panel in May 2002, wishing to resolve its dispute with the United States through the WTO dispute settlement mechanism. However, the Chinese media, while reporting this case, misinterpreted the word "panel" with another expression "expert (review) group". To get the advice from experts is only a selective choice for the panelists and the appellate body members when they are drafting their recommendations or rulings. This practice is different from the panel review, which is an indispensable part of the WTO dispute settlement process.This incident of misinterpretation reflects the urgency on the part of China to familiarize itself with the WTO rules and dispute settle mechanism. To accede to the WTO is important for China, while what is more important is to use the WTO rules and dispute settlement mechanism correctly and efficiently. Otherwise, the Chinese enterprises will pay high cost in the severe competition of international trade.

The legal basis of expert review in WTO dispute settlement is the Dispute Settlement Understanding,Article 13,i.e. each panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. In practice, the disputing parties may also invite some experts to support their claims. With the increasing technicality and complexity of the disputes, the expert review is playing a more and more significant role in the WTO dispute settlement. Based on Appendix 4 of...

The legal basis of expert review in WTO dispute settlement is the Dispute Settlement Understanding,Article 13,i.e. each panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. In practice, the disputing parties may also invite some experts to support their claims. With the increasing technicality and complexity of the disputes, the expert review is playing a more and more significant role in the WTO dispute settlement. Based on Appendix 4 of the DSU, this article focuses on the current expert review mechanism and put forward some thoughtful suggestions on how to improve this mechanism in the WTO dispute settlement system.

According to the regulation of "dispute settlement understanding agreement" , associative parties of world trade organization can not only settle the dispute by negotiation among themselves, but also by dispute settlement body of world trade organization, if dispute arises among members of world trade organization. General council of world trade organization exerts the function of this body. Strictly speaking, dispute settlement body is a quasi -judicial organization, because all the decisions put forward by...

According to the regulation of "dispute settlement understanding agreement" , associative parties of world trade organization can not only settle the dispute by negotiation among themselves, but also by dispute settlement body of world trade organization, if dispute arises among members of world trade organization. General council of world trade organization exerts the function of this body. Strictly speaking, dispute settlement body is a quasi -judicial organization, because all the decisions put forward by general council of world trade organization should pass appeal body eventually. Despite this, there is a set of strict regulation of procedure when dispute is dealing with by settlement body. This article analyzes the effectiveness and decision - making principle of the world trade organization panel and appeal body, and then focuses the discussion on the panel of world trade organization, in order to facilitate the improvement and development of dispute settlement mechanism of world trade organization.